Evidence Gathering & Case Preparation Flashcards

When a corporation is served with a FRCP 30(b)(6) deposition notice, who must testify?

Answer: One or more persons the organization designates to testify on information reasonably available to it

Under Rule 30(b)(6), the organization must designate and prepare witnesses to testify on its behalf about the listed matters.

A party inadvertently produces a privileged email during discovery but took reasonable steps to prevent disclosure and promptly sought its return. Under FRE 502(b), the disclosure:

Answer: Does not operate as a waiver

FRE 502(b) provides that an inadvertent disclosure is not a waiver if the holder took reasonable steps to prevent it and promptly took steps to rectify it.

A witness uses an investigator's report to refresh her memory while testifying. Under FRE 612, the adverse party is entitled to:

Answer: Have the writing produced, inspect it, cross-examine on it, and introduce relevant portions

FRE 612 gives the adverse party the right to have a writing used to refresh memory while testifying produced, inspected, used in cross, and relevant portions introduced.

Which factor is NOT one of the Daubert considerations courts use to assess the reliability of expert testimony?

Answer: Whether the expert has testified in court before

Daubert focuses on testability, peer review, error rate, standards, and general acceptance, not the expert's prior courtroom experience.

An investigator draws a crime scene sketch and locates items by measuring from two fixed points to each object. This measurement method is called:

Answer: Triangulation

Triangulation fixes an object's position by measuring its distance from two permanent reference points.

Under the federal wiretap statute (18 U.S.C. § 2511), recording a phone conversation is generally lawful when:

Answer: At least one party to the conversation consents and there is no criminal or tortious purpose

Federal law follows a one-party consent rule, though several states such as California require all-party consent.

Under FRCP 26(a)(2)(B), a retained testifying expert's written report must include all of the following EXCEPT:

Answer: Drafts of the report prepared with counsel

Rule 26(b)(4)(B) protects drafts of expert reports as work product, so they are not a required part of the disclosure.